Quote:
Originally Posted by notinmybackyard
On that note...
These platforms are DISTRIBUTORS. IE: They're making porn available for the consumer.
It shouldn't make a difference if you burn an amateur DVD and stick it in a store or if you upload it to the Internet.
They should have been held to the same standards that the traditional jizz biz was. This was a serious no brainer so what the fucking is going on?
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Here's the thing, you're missing the nuance between a distributor and a platform.
A distributor is an agent who supplies goods to stores and other businesses that sell to consumers. In this case, if Mindgeek were the distributor, all the content on their tubes would be added by them contacting content producers, picking out the content they want and making it available on their tube. Since they would be the ones curating the content, it would definitely be their responsibility to make sure all content is 2257 compliant, etc.
But that's not the case. It's the producers/users that go to Mindgeek and upload their content. When a user upload's content, its done under good faith that they have the rights to it.
That's the main difference. If you'd like to learn more about why platforms like Pornhub, Youtube, Soundcloud and others manage to legally operate this way, I recommend you read about the DMCA Safe Harbor laws.
And just for clarification, I'm not taking anybody's side here. I understand why loads of people have animosity towards tubes. However, this debate could be had over ANY site that allows user uploads.
Is it right? Should there be a better system in place to regulate content? I'm not debating any of that. I'm just trying to explain why going after the platform is, in this case, the wrong move.
Go after the scumbags uploading porn without the woman's decision. They are the root of the problem.